Author: Dr. Muhammad Zia-ur-Rahman Azmi (رحمہ اللہ)
If the primary guardian of a child is lost or unavailable, can another general guardian take on the responsibility of raising the child?
Answer:
When the rightful guardian is lost, or there is any obstacle preventing them from raising the child, the responsibility should shift to the next eligible guardian according to the order of guardianship. The next person in line should take over the responsibility and carry out the duties previously performed by the original guardian. This is established by the jurists.
In "Sharh Kabir", it is stated:
“If the father or another guardian is absent or unavailable, and there is a relative (such as a brother, uncle, or paternal cousin), he shall act as the father’s representative. Then, the ruling authority will give the option to select between this relative or the mother. This ruling is based on the precedent of Ali ibn Abi Talib (رضي الله عنه), who gave Ammarah Khurmi the choice to select between his uncle or his mother, as the uncle was his ‘Asabah (paternal relative). Therefore, the uncle was treated similarly to the father.
Similarly, if the mother or another eligible guardian is absent and the child has been raised by the grandmother, the child will be given the option to choose between the grandmother, the father, or any other eligible relative serving as the father’s representative. If neither the father nor any guardian is present, the responsibility will then fall to the sister, paternal aunt, or maternal aunt. The child will choose from them, as they act as a replacement for the mother.
In the absence of the father or any primary guardian, and if there is a relative (‘Asabah) present, the ruling authority will decide whether to place the responsibility with the relative or the mother.”
The same guidelines are reiterated in "Sharh al-Iqna" and "Muntaha", as found in "Sharh Kabir".
[Source: Ibn Baz, Majmu‘ al-Fatawa wa al-Maqalat, 22/319]
Who Has the Right to Raise the Child?
Question:If the primary guardian of a child is lost or unavailable, can another general guardian take on the responsibility of raising the child?
Answer:
When the rightful guardian is lost, or there is any obstacle preventing them from raising the child, the responsibility should shift to the next eligible guardian according to the order of guardianship. The next person in line should take over the responsibility and carry out the duties previously performed by the original guardian. This is established by the jurists.
In "Sharh Kabir", it is stated:
“If the father or another guardian is absent or unavailable, and there is a relative (such as a brother, uncle, or paternal cousin), he shall act as the father’s representative. Then, the ruling authority will give the option to select between this relative or the mother. This ruling is based on the precedent of Ali ibn Abi Talib (رضي الله عنه), who gave Ammarah Khurmi the choice to select between his uncle or his mother, as the uncle was his ‘Asabah (paternal relative). Therefore, the uncle was treated similarly to the father.
Similarly, if the mother or another eligible guardian is absent and the child has been raised by the grandmother, the child will be given the option to choose between the grandmother, the father, or any other eligible relative serving as the father’s representative. If neither the father nor any guardian is present, the responsibility will then fall to the sister, paternal aunt, or maternal aunt. The child will choose from them, as they act as a replacement for the mother.
In the absence of the father or any primary guardian, and if there is a relative (‘Asabah) present, the ruling authority will decide whether to place the responsibility with the relative or the mother.”
The same guidelines are reiterated in "Sharh al-Iqna" and "Muntaha", as found in "Sharh Kabir".
[Source: Ibn Baz, Majmu‘ al-Fatawa wa al-Maqalat, 22/319]